H& 





>1l2 



[3 



wra 



HH 



-:Oa**'&£V' 



HG 8939 
.S8 B3 
Copy 1 



t/ 



The Suicide Statute of Missouri. 

Suggestions as to an Agreement in a Contract of 
Life and Accident Insurance as to Suicide. 



Published by H. B. Barton, 

205 N. 13th Street, 
St. L,ouis, Mo. 



Copyright 1912 by II. I>. Barton. 

St. Louis, ,M< 



SUGGESTIONS AS TO AN AGREEMENT IN A 

CONTRACT OF LIFE OR ACCIDENT 

INSURANCE AS TO SUICIDE. 



The Revised Statutes of Missouri of 1909 contains the 
following Section: 

Sec, 6945. SUICIDE NO DEFENSE, WHEN.- In 
all suits upon policies of insurance on life hereafter issued by 
any company doing: business in this State, to a citizen of 
this State, it shall be no defense that the insured committed 
suicide, unless it shall be shown to the satisfaction of the 
court or jury trying: the cause, that the insured contemplated 
suicide at the time he made his application for the policy, 
and any stipulation in the policy to the contrary shall be 
void — (R. S. 1899, 7896.) 

The question arises whether there can he any stipulation 
m the contract to avoid the effect of this law. It has been held m 
numerous cases that the section m question becomes part of the 
contract and that it applies to accident insurance. 

Log:an vs. Casualty Co., 146 Mo. 114. 

It seems to he conceded by eminent authorities upon the 
question of suicide that there is an instinctive love of life in every 
human being, and that no hardship, nor suffering will lead a person 
to take his own life, but that suicide is caused by mental impair- 
ment. The rule seems to be conceded that whenever a man takes 
his own life it is simply the consummation of a purpose that may 
have existed for years, only needing the occurrence of some event to, 
so to speak, explode the mine already prepared. 

Suicide is a defense in this state when it can be shown that 
the insured contemplated sincide at the time he made his application 
for the policy. 



£C!.A314S[3o 



>ff f 






* ^ 



\- 



* 



If, therefore, in any way it can be shown that the insured 
contemplated suicide when the policy was taken out, the company 
is relieved from the obligation to pay. 

It is elemental law that the admissions of a party can he 
shown in evidence and are binding. It is also elemental law that a 
party can become estopped from controverting or denying certain 
facts. 

It seems therefore, that if a clause could be inserted in the 
application for a policy to the effect that if suicide should occur 
within a limited period, such fact should be taken as an admission 
that the applicant contemplated suicide at the time the policy was 
issued. 

It has been suggested, therefore, that the disastrous effects 
of the Missouri Statute would be to a great extent avoided, at least 
for a limited period, by inserting in the application the following 
stipulation, or something of like tenor and effect: 

"It is hereby agreed that if a policy is issued on this 
application and within two years from the date thereof, I 
shall die by suicide sane or insane, such fact shall, in any 
action at law or in equity on such policy be conclusive proof 
that I contemplated suicide at the time of making: this ap- 
plication and my representatives or assigns and any bene- 
ficiary or beneficiaries, or anyone making claim, under said 
policy shall be estopped from showing to the contrary." 

It must be conceded that it is not possible by any stipulation 
m the policy to waive or avoid the Statute itself. All that can be 
done is to make the showing contemplated by the Statute and it 
seems probable that this is done by inserting the foregoing provision 
either in the application or the policy. 

This is the opinion of an attorney of eminent standing and is 
published with his consent, but reserving all rights under the copy- 
right law. 

H. B. BARTON. 



/ 



jUN 24 19\2 

LIBRARY OF CONGRESS 



027 292 961 



